RYAN & KUEHLER PLLC

Natalie Kuehler

RYAN & KUEHLER PLLC

Mark Ryan

Environmental Law and Complex Litigation

EPA to Exercise Enforcement Discretion in Response to Covid-19

On March 26, 2020, EPA announced a new policy that it will exercise enforcement discretion for noncompliance that is caused by staffing shortages related to the Covid-19 outbreak. In order to qualify, regulated entities must comply with the general conditions of the guidance. See Policy pp. 2-3. The policy also sets out expectations for complying with reporting requirements and settlement agreements. Pages 4-6 of the policy set out the expectations for the operation of specific types of facilities. The Policy is temporary until the passage of the pandemic.

While many are distrustful of the current administration when it comes to CWA enforcement, I think this policy is a reasonable approach to an extremely difficult problem. I couldn't say that the Obama administration would not have done something similar.